Regn. No. KERBIL/2012/45073 dated 5-9-2012 with RNI © കേരള സർക്കാർ
Reg. No. KL/TV(N)/634/2018-20 Government of Kerala
2019
കേരള ഗസററ്
KERALA GAZETTE
ആധികാരികമായി പ്രസിദ്ധപ്പെടുത്തുന്നത്
PUBLISHED BY AUTHORITY
നമ്പർ വാല്യം 8
തിരുവനന്തപുരം,
ചൊവ്വ
Thiruvananthapuram,
}
No. } 51 Vol. VIII
Tuesday
2019 ഡിസംബർ 24 24th December 2019 1195 ധനു 8 8th Dhanu 1195 1941 പൌഷം 3 3rd Pousha 1941
PART IV
Private Advertisements and Miscellaneous
Notifications
24th DEC. 2019] KERALA GAZETTE 2031Standard deliverables: The standard deliverables will include:
1. Quality control data: A table containing quality of raw files (total reads, average read length, size of data, base quality, GC % etc.), bar charts for raw read distribution, data size distribution, base quality distribution and final processed reads distribution.
2. OTU table: A raw OTU table for each of the identified taxonomy (at phylum, class, order, family and genus level) for each samples.
3. Taxonomic classification: Distribution of major taxa (at both phyla & genera level) across all the samples as bar charts and heatmaps.
1. (1) Short title and commencement.—These regulations may be called the Cochin Port Trust (Distraint or Arrest and Sale of Vessels) Regulations, 2019.
(2) They shall come into force on the date of publication of the approval thereto by the Central Government in the Official Gazette.
2. Application.—These regulations shall apply to all vessels in respect of which any rates or penalties or both are payable under the Major Port Trusts Act, 1963 or under any regulations or orders made there under, but shall not apply to vessels belonging to, or in the service of, the Central Government or a State Government or to any vessel of war belonging to any Foreign State.
4. Group-wise differentiation (optional): For studies
aiming to understand differences among different groups of samples, group-wise distribution of major phyla & genera as bar charts and heatmaps, also boxplots for different taxa to find out significantly different ones.
5. PCA plots: PCA plot for all the major genera to find out the major sources of variation across all the samples. PCA plot for all the samples based on taxonomic distribution to find out any group-wise trend (where sample groupings are available).
6. Alpha-diversity: Alpha rarefaction plots for both shanon and chao1 metrics across all the samples (or groups), alpha diversity boxplots for both shanon and chao1 metrics.
7. Beta-diversity (optional): For samples coming from different type of habitats, PCOA plots for both weighted and unweighted unifrac.
Office of the Principal,
Govt. Ayurveda College Hospital, (Sd.) Thiruvananthapuram. Principal.
COCHIN PORT TRUST Willinagdon Island, Cochin-9
NOTIFICATION
No. A1/Arrest & Sale of Vessels/2016-S. 9th October 2019.
In exercise of the powers conferred by section 123 of the Major Port Trusts Act, 1963 (38 of 1963), the Board of Trustees of the Cochin Port Trust hereby makes the following regulations, namely:—
3. Definitions.—In these regulations, unless the context otherwise requires,—
(i) "Act" means the Major Port Trusts Act, 1963 (38 of 1963);
(ii) "Deputy Conservator" means the Officer in charge of the Marine Department of the Cochin Port Trust and includes his immediate Deputy, the Harbour Master and any other officer acting under the authority of the Deputy Conservator;
(iii) "Form" means the form annexed to these regulations;
(iv) "Port" means the Cochin Port;
(v) words and expressions used in these regulations but not defined and defined in the Act shall have the meanings respectively assigned to them in the Act.
4. Distraint or arrest of vessels.—(1) Where any vessel in respect of which rate or penalties have not been paid is lying at the Port, a demand in 'Form-I' shall be made by the Financial Advisor and Chief Accounts Officer upon the Master of the defaulting vessel requiring the said Master to pay all the rates or penalties within a period of seven days from the date of issue of the said demand.
(2) The demand under sub-rule (l) shall accompany the copy of the bills containing the full particulars of Rates or penalties which were raised against the owner or agent of the concerned vessel and payment of which still remains due to the Board.
2032 KERALA GAZETTE [PART IV(3) The demand made under sub-rule (1) shall be served upon the Master and in the event of non- availability of the Master, the affixing of the demand notice on the mast of the vessel shall be deemed as service of the demand upon the Master.
(4) If the Master of the defaulting vessel refuses or neglects to pay the rates or penalties or any part thereof within the time limit specified in the demand made upon the Master, the Board may proceed to distraint or arrest such vessel and the tackle, apparel and furniture belonging thereto, or any part thereof and detain the same until the amount so due to the Board, together with such further amount as may accrue for any period during which the vessels is under distraint or arrest, is paid.
(5) In order to distraint or arrest the defaulting vessel, the Deputy Conservator shall issue warrant of arrest in 'Form- II' clearly specifying the amount due and indicating that the distraint or arrest shall continue until the amount so due to the Board together with further accrual of rates and penalties and costs are paid towards full satisfaction of the Board.
(6) The warrant of arrest shall be served upon the Master of the vessel and a copy thereof shall also be affixed on the mast of the vessel and in cases where the Master is not available or avoids service of the warrant, the fixing of the copy of the warrant on the mast of the vessel shall be deemed as service of the warrant upon the Master.
(7) If the rates or penalties or cost of the distraint or arrest of the vessel or the keeping of the same are not paid by the owner or master or agent of the vessel towards full satisfaction of the Board within a period of five working days next after the distraint or arrest has been made, the Board shall cause the vessel or other things so distrained or arrested to be sold.
(8) In the case of a foreign vessel placed under distraint or arrest by an order, the Embassy of the Flag Country, Director General of Shipping, and the Ministry of Shipping, Government of India shall also be informed.
5. Sale of distrained or arrested vessel.—(1) The Deputy Conservator or any person duly appointed by any competent court or the Board of Trustees shall have a valuation survey of the vessel carried out by approved Surveyors to ascertain the reserve sale price of the distrained or arrested vessel.
(2) The Deputy Conservator shall inform the Director General of Shipping before putting the vessel and the tackle, apparel and furniture belonging thereto, to sale.
(3) The sale shall be held in accordance with the provisions of the Sale of Goods Act, 1930 (3 of 1930) and also in terms of the conditions of sale as per Tender Notice.
(4) Sealed tenders shall be invited by the Board or Deputy Conservator in Form-III-A, or by the Advocate Commissioner or any person duly appointed by a competent Court, in Form-III-B or in any other format, from the prospective buyers through press advertisement in at least four leading daily newspapers, including Hindi and one regional language, specifying the last date for the receipt of tenders.
(5) The prospective buyers shall be permitted to inspect the vessel after the sale notice is published in the Press, during a specified period which shall be fixed by the Board or the Deputy Conservator or the person appointed by the competent court.
(6) Each tender shall be accompanied by an Earnest Money Deposit, payable by a Bank Draft, to be fixed by the Board or the Deputy Conservator or the person appointed by the competent court in each case.
(7) The tenders received after the due date and time shall be summarily rejected.
(8) The sealed tenders shall be opened in the presence of tenderers or their authorised representatives present on the date and time fixed by the Board or the Deputy Conservator or the person appointed by the competent court for opening the tenders and if any tenderer or his authorized representative is not present at the time fixed for opening the tenders, his tender may be rejected without opening, giving the reasons.
(9) The acceptance of the offer shall be communicated to the successful tennderer by the Deputy Conservator or the person appointed by the competent court, as the case may be.
24th DEC. 2019] KERALA GAZETTE 2033(10) The successful tenderer shall pay 25% of the bid amount within seven working days from the date of sale order or acceptance of the tender and the balance amount within fifteen days from such date and in addition to the tender value, the successful tenderer shall also deposit such other money or Bank Guarantee for a value as determined by the Board or the Deputy Conservator or the person appointed by the competent court as security deposit which shall be returned within a period of three months after successful completion of work:
Provided that no interest shall be paid on the deposit so made.
(11) In default of payment of 25% of the bid amount within seven working days from the date of acceptance of the tender, the sale shall, unless otherwise ordered, stand automatically revoked, and the earnest money shall be forfeited, and the vessel shall be resold at the risk of the tenderer whose tender was accepted.
(12) If the vessel is not removed from the harbour for any reason within thirty days, from the date of issue of sale order, additional berth hire charges beyond the normal charges, as laid down in the Port's Scale of Rates, shall be levied.
(13) Under no circumstances, the buyer shall be permitted to dismantle or break the ship inside the harbour or within the Port limits, unless or otherwise it is specifically permitted to do so.
6. Liabilities of the buyer of the vessel.—(1) On and from the date of acceptance of the tender all rates or penalities and other charges shall be on the buyer's account.
(2) Upon acceptance of the tender, the buyer shall deposit with the Board/ Port Trust an amount representing thirty days' rates, fees and charges as may be estimated by the Deputy Conservator to be payable for such period.
(3) Customs duties, Goods and Service Tax or any other tax shall be as applicable on buyer's account and he should remit the amounts on account of such duties and taxes to the concerned authorities and produce the receipts for such payments before the clearance is granted to the vessel by the port trust.
7. Repeal and Savings.—The Cochin Port Trust (Distraint or Arrest and Sale of Vessels) Regulations, 1988 are hereby repealed.
Provided that any order made or action taken under the Regulations so repealed shall be deemed to have been made or taken under the corresponding provisions of these regulations.
FORM NO. I [See Regulation 4 (1)] No. .................................. Date ............................
To
The Master,
M.V/M.T..............................
Sub:—M.V/M.T................... Rates/Penalties—Non- Payment—'Demand Notice' for immediate payment —reg.
Ref:—This office letter No. ...............dt. ...................
Sir,
Kindly refer to this office letter cited above wherein you have been requested to pay a sum of Rs.................... (Rupees ......................only) as on...................towards the Port dues /penalties payable under the provisions of the Major Port Trusts Act, 1963/regulations or orders made there under due to the Port Trust on or before...........................
However, so far you have not taken any steps being the Master of the vessel, or by the Agents, to pay dues to the Port Trust as demanded towards aforesaid Port dues/penalties. As on.............................an amount of Rs. ................(Rs. ..................................only) is due from the Vessel.
Therefore, 'Notice' is hereby given to you for making the above payment within seven days on receipt of this Notice, failing which provisions of section 64 of the Major Port Trusts Act, 1963 will be invoked to Distraint or Arrest the Vessel and the tackle, apparel and furniture belonging thereto, or any part thereof, and detain the same until the amount so due to the Port Trust Board, together with such further amount as may accrue for any period during which the Vessel is under Distraint or Arrest, is paid.
Yours faithfully,
Financial Advisor & Chief Accounts Officer,
2034 KERALA GAZETTE [PART IVFORM NO. II [See Regulation 4 (5)]
No. .................................. Date ............................
To
The Master,
M.V/M.T..............................
Sub:—M.V/M.T................... Non- payment of Port dues/penalties-Warrant of Arrest- Reg. Ref:—Letter No. ............. ..dt. ......... of F.A.&C.A.O CoPT.
Sir,
Please refer to the letter cited under reference above, where in you have been requested to pay a sum of Rs ................ (Rupees ........................only) as on.................towards the Port dues/penalties due to the Port Trust on or before................However, so far being the Master of the 'Vessel' or by the Agents have not taken any steps to pay the said dues to the Port Trust as demanded. Therefore you are hereby informed that an approximate amount of Rs..................... (Rupees .............................only) is due towards Port dues/penalties as on ........... from the said 'Vessel'.
2. In view of the non-payment of the above Port dues/penalties due to the Port Trust Board, I hereby pass orders in exercise of the powers conferred under the provisions of section 64 of the Major Port Trusts Act, 1963, that the 'Vessel' M.V./M.T. .................... is hereby distraint and will be kept under detention until the amount due to the Port Trust Board together with such further amount, as may accrue for any period during which the vessel is distraint and is paid.
3. Please also note that in case the above said amount and the cost of the distraint is not settled within five working days from the date of distraint order (i.e) .................. I shall be constrained to sell the above said vessel through the any person duly appointed by any Competent Court or the Deputy Conservator, Cochin Port Trust as the case may be under the powers conferred under section 64 of the said Act and the sale proceeds will be adjusted against the charges due to the Board including the cost of the sale of the vessel.
Yours faithfully,
FORM NO. III-A
[See Regulation 5 (4)]
ADVERTISEMENT
In exercise of the powers conferred under section 64 of the Major Port Trusts Act, 1963, 'The Cochin Port Trust, Cochin invites sealed tenders from the intended purchasers for the sale of the Vessel M.V./M.T ...................... on "as is where is" basis.
2. Brief particulars of the vessel are as follows:—
(i) Name of the Vessel :
(ii) Year of Built :
(iii) G. R. T :
(iv) N. R. T :
(v) Length :
(vi) Breadth :
(vii) Depth :
(viii) Dead weight :
(ix) Classification :
(x) Engine :
(xi) B. H. P :
(xii) L. D. T. :
(xiii) Year of Built :
(xiv) Yard :
3. Tenders should be submitted before...........hrs on ......................... addressed to the Deputy Conservator, Cochin Port Trust, Willingdon Island, Cochin-682 009 along with an Earnest Money Deposit of Rs. ........ (Rupees......................) by Demand Draft drawn on any Nationalized/ Scheduled bank and drawn in favour of FA & CAO, CoPT payable at Cochin. The tender should be submitted superscribing on the envelop "TENDER FOR THE PURCHASE OF M.V/ M. T. ....................." 4. All tenders received after the due date and time will be summarily rejected.
5. The sealed tenders for the purchase of the vessel shall be opened on...........in the presence of Deputy Conservator, Cochin Port Trust, Cochin, in his office. The acceptance of the offer will be communicated to the successful tenderer.
Deputy Conservator.
Copy to: (i) M/s.................
Owners of the Vessel M. V./M.T...............
(ii) M/s ...........................Agents of the vessel.
6. The successful tenderer shall pay 25% of the bid amount within seven working days from the date of acceptance of that tender and the balance within fifteen days from that date of sale order, No Bank Guarantee will be accepted. In default of payment of 25% of the bid amount within seven working days from the date of acceptance of the tender, the sale shall unless otherwise ordered, stand automatically revoked and the Earnest Money Deposit of Rs......... will be forfeited and the Vessel shall be resold at the risk and cost of the tenderer, whose tender was accepted. Should the balance of sale 24th DEC. 2019] KERALA GAZETTE 2035 consideration be not paid within the aforesaid time of fifteen days from the acceptance of the tender the sale shall stand automatically revoked and the earnest money of Rs. ............... will be forfeited. The 25% amount already paid shall be retained to meet any shortfall or other expenses arising out of the said resale.
7. Customs Duty, Goods and Service Tax or any other tax as applicable on 'BUYERS ACCOUNT'.
8. The tenders will be opened on............at ......... in the presence of Deputy Conservator, Cochin Port Trust, Cochin in his office and the acceptance of any tender will be at the sole discretion of the Deputy Conservator Cochin Port Trust, Cochin.
9. The Vessel should be removed from the premises of the Cochin port Trust, within 30 days or any extended date from the date of sale order. Till its removal the buyer shall man and maintain the Vessel by Certificated Master, Certificated Officers and Certificated Engineers plus an adequate number of crew.
10. The Buyer will have to pay all the Rates and Penalties (if any) from the date of sale of the Vessel till the date of actual removal of the Vessel from the harbour in accordance with the Cochin Port Trust (Distraint or Arrest and sale of vessels) Regulations, 2019.
11. The buyer shall obtain all statutory required permissions for removal of the Vessel from D G Shipping/ MMD, Kochi at his cost.
12. Under no circumstances, the Byer will be permitted to dismantle the Vessel inside the harbour or within Port limits, unless or otherwise it is permitted to do so.
13. The Vessel which is lying at Cochin Port premises may be inspected with prior permission of the Deputy Conservator, Cocnin Port Trust.
14. The Cochin Port Trust reserves the right to reject any or all the tenders without assigning any reason whatsoever.
(Sd.) Sealed tenders are invited for the disposal of the vessel M.V./M.T. ............. presently lying afloat moored at............ Cochin Port, Kerala, India for the recovery of the arrears or back wages of crew, Government dues and taxes and other charges.
2. Brief particulars of the vessel are as follows:—
(i) Name of the Vessel :
(ii) Year of Built :
(iii) G. R. T :
(iv) N. R. T :
(v) Length :
(vi) Breadth :
(vii) Depth :
(viii) Dead weight :
(ix) Classification :
(x) Engine :
(xi) B. H. P :
(xii) L. D. T. :
(xiii) Year of Built :
(xiv) Yard :
3. Estimated value Rs...............................................
US Dollars................................
4. EMD Rs...............................................
US Dollars................................
5. Vessel opened for inspection: Between 11 a.m. to 5 p. m. on.................................
6. Cost of tender documents Rs..........................+ VAT.......
7. Last date for receiving the tenders...............................
8. Date and time for opening the tenders.........................
at 11 a.m.
9. The tender documents may be purchased from
Deputy Conservator,
Cochin Port Trust.
FORM NO. III-B [See Regulation 5 (4)]
(In case the vessel is sold through the Advocate Commissioner appointed by Hon'ble High Court) Shri/Smt. ............................, Advocate Commissioner by Non refundable demand draft of Rs. .....................
drawn in favour of the Registrar, Hon'ble High Court of Kerala payable at.........................
10. Terms and Conditions: The sale is on as is what is and where is condition only. More details about the terms and conditions are mentioned in the tender PURSUANT TO ORDER DATED ........................PASSED IN WPC NO. ..................................
Mobile Number:
E-mail address: